State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_25

§ 90‑21.25. Definitions.

As used in this Article, the following terms have the meaningsspecified:

(1)        "Attorney General" means the Attorney General ofthe State of North Carolina, or any attorney to whom the Attorney Generaldelegates authority and responsibility to act pursuant to this Article.

(2)        "Cooperative agreement" means an agreement amongtwo or more physicians, or between a physician, hospital, or any other personor persons, for the sharing, allocation, or referral of patients, personnel,instructional programs, support services and facilities, or medical,diagnostic, or laboratory facilities or equipment, or procedures or otherservices traditionally offered by physicians. Cooperative agreement shall notinclude any agreement that would permit self‑referrals of patients by ahealth care provider that is otherwise prohibited by law.

(3)        "Department" means the North Carolina Departmentof Health and Human Services.

(4)        "Federal or State antitrust laws" means any andall federal or State laws prohibiting monopolies or agreements in restraint oftrade, including, but not limited to, the federal Sherman Act, Clayton Act, andFederal Trade Commission Act, and the North Carolina laws codified in Chapter75 of the General Statutes.

(5)        "Hospital" means any hospital required to belicensed under Chapter 131E or 122C of the General Statutes.

(6)        "Person" means any individual, firm, partnership,corporation, association, public or private institution, political subdivision,or government agency.

(7)        "Physician" means an individual licensed topractice medicine pursuant to Article 1 of this Chapter. (1995, c. 395, s. 2; 1997‑443, s. 11A.118(a).)